A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 28, 2009, the Defendant falsely stated that “The victim shall pay 3% interest per month on the loan of KRW 15 million to the victim and shall pay the principal three months after the principal is paid to the victim at a restaurant operated by the victim C in Seoul Central-gu, Seoul.”

However, the defendant did not have the intent or ability to repay the debt even if he borrowed the money from the victim because he did not have any property or income.

As such, the Defendant, by deceiving the victim, received KRW 15 million from the victim to the Japanese bank account in the name of the same day as the loan money, and received KRW 65 million from the victim in the same manner on November 9, 2009, and received KRW 2 million in total from the victim to the above account on November 1, 2009.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A protocol concerning the examination of the accused by the prosecution (including the C statement);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;